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My 3yo daughter fell at school on the slide, got a 1" cut at bottom of chin, she is 5 now, can i sue?

Flushing, NY |

she is 5 now, no longer in that school, scar is still visable.
She was born with hemipresies(mild form of cp) affecting her right side.
She was in this school getting services on a full time basis since she was 2yo. It was an integrated class.
She fell in playground during a supposedly supervised break for the whole class there was approx 12 kids in class, she was on a slide,. My wife was called and told to pick her up, when i got there, upon seeing me, my daughter burst into tears, the doctor at school had put a band aid with cotton wool to stop bleeding, then told me to take her to hospital as she may require stitches. I asked for a plastic surgeon,The plastic stitched her up, there is still a scar, she is very light skin color. What should I do ??

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Attorney answers 3


In many states, when you sue a school for negligence, you need to put them on formal notice of a claim within 6 months. However, you need to check with a lawyer in your state. Search Avvo's "find a lawyer" for a personal injury lawyer in your state, and call for a free consultation.

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Contact a local attorney who may be able to assist with arranging medical consultations for your daughter as well as determining the liability of the school. I am not licensed in NY but there may municipal immunity if a public school which could make it more difficult to make a case.


Assuming this is a public school, there is a requirement that you serve them with a Notice of Claim within 90 days of the accident. Since you are dealing with an infant, an attorney may be able to convince a Court to allow a late notice of claim, however, there is no guarantee. Assuming a late notice of claim is permitted, then there will be no legal impediment to your bringing suit. Please note, however, that in NY schools are not insurers of a child safety. They are obligated to provide the same supervision that a reasonably prudent parent would offer to a child. If the slide was age appropriate, and/or the injury incurred in a manner such that reasonable supervision would not have prevented the injury, then you may not ultimately recover. You need to find an attorney as soon as possible. You should be able to find an attorney who will take the case, but a prudent personal injury attorney would think twice (or 3x) before taking the case.

Mary Katherine Brown

Mary Katherine Brown


I agree with the answer given by Mr. Gold. Good luck!

Anthony A. Ferrante

Anthony A. Ferrante


I also agree with the answer given by Mr. Gold, with one caveat. My understanding is that while infancy may toll the statute of limitations for bringing a lawsuit, it does NOT toll the 90 day time frame in which you must file a Notice of Claim. If the incident happened less than 1 year and 90 days ago, you may be able to petition the court for leave to serve a late notice of claim. In that case the best advice would be to find a lawyer to help you out immediately. However if the incident happened over 1 year and 90 days ago it may be too late. You should immediately contact an attorney to discuss the specifics if you are interested in pursuing a claim.

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